CAP. 32]
[R. 74 cont.]
Form 50.
Form 51.
Form 52.
Application to the court
for leave to make a call. R. 85. Forms 54
to 57.
Companies.
by the court, by the liquidator as an officer of the court subject to the proviso to section 211 of the Ordinance, and to the following regulations--
(a) where the liquidator desires to make any call on the contributories, or any of them for any purpose authorized by the Ordinance, if there is a committee of inspection he may summon a meeting of such committee for the purpose of obtaining their sanction to the intended call;
(b) the notice of the meeting shall be sent to each member of the committee of inspection in sufficient time to reach him not less than seven days before the day appointed for holding the meeting, or such longer time as the court may appoint, and shall contain a statement of the proposed amount of the call, and the purpose for which it is intended. Notice of the intended call and the intended meeting of the committee of inspection shall also be advertised once at least in a Hong Kong daily newspaper. The advertisement shall state the time and place of the intended meeting of the committee of inspection, and that each contributory may either attend the said meeting and be heard, or make any communication in writing to the liquidator or members of the committee of inspection to be laid before the meeting, in reference to the said intended call;
(c) at the meeting of the committee of inspection any statements or representations made either to the meeting personally or addressed in writing to the liquidator or members of the committee by any contributory shall be considered before the intended call is sanctioned;
(d) the sanction of the committee shall be given by resolution, which shall be passed by a majority of the members present;
(e) where there is no committee of inspection, the liquidator shall not make a call without obtaining the leave of the court.
75. In a winding up by the court an application to the court for leave to make any call on the contributories of a company, or any of them, for any purpose authorized by the
70 -
САР. 32]
[r. 74 cont.]
Form 50.
Form 51.
Form 52.
Application to the court
for leave to make a call. R. 85. Forms 54
to 57.
Companies.
by the court, by the liquidator as an officer of the court subject to the proviso to section 211 of the Ordinance, and to the following regulations--
(a) where the liquidator desires to make any call on the contributories, or any of them for any purpose authorized by the Ordinance, if there is a com- mittee of inspection he may summon a meeting of such committee for the purpose of obtaining their sanction to the intended cali;
(b) the notice of the meeting shall be sent to each member of the committee of inspection in sufficient time to reach him not less than seven days before the day appointed for holding the meeting, or such longer time as the court may appoint, and shall contain a statement of the proposed amount of the call, and the purpose for which it is intended. Notice of the intended call and the intended meeting of the committee of inspection shall also be advertised once at least in a Hong Kong daily- newspaper. The advertisement shall state the time and place of the intended meeting of the committee of inspection, and that each contributory may either attend the said meeting and be heard, or make any communication in writing to the liquidator or members of the committee of inspection to be laid before the meeting, in reference to the said intended call;
(c) at the meeting of the committee of inspection any statements or representations made either to the meeting personally or addressed in writing to the liquidator or members of the committee by any contributory shall be considered before the intended call is sanctioned;
(d) the sanction of the committee shall be given by resolution, which shall be passed by a majority of the members present;
(e) where there is no committee of inspection, the liquidator shall not make a call without obtaining the leave of the court.
75. In a winding up by the court an application to the court for leave to make any call on the contributories of a company, or any of them, for any purpose authorized by the
70 -
.
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